(i)
to smoke, hold or otherwise have control over an ignited tobacco product,

(ii)
to inhale or exhale vapour from an e-cigarette or to hold or otherwise have control over an activated e-cigarette, or

(iii)
to inhale or exhale vapour or smoke from a water pipe or to hold or otherwise have control over an activated water pipe;

(m)
"tobacco product" means a product manufactured from tobacco and intended to be smoked;

(m.1)
"water pipe" means any ignited or heated smoking equipment used to burn tobacco or non-tobacco substances or a combination of tobacco and non-tobacco substances and draw the resulting smoke through a liquid before it is inhaled; and

(n)
"workplace" means an indoor or other enclosed space in which employees perform the duties of their employment, and includes an adjacent corridor, lobby, stairwell, elevator, cafeteria, washroom or other common area frequented by the employees during the course of their employment.

4.1
(1) Notwithstanding section 4, a hookah establishment operating at the time this section comes into force may continue to allow smoking of non-tobacco substances in the hookah establishment until June 30, 2017.

(2)
An owner of a hookah establishment shall not permit a person under the age of 19 years to enter or work in the hookah establishment.

5.
(1) In this section, "smoking" means to smoke, hold or otherwise have control over an ignited tobacco product.

(2)
In this section and paragraph 2(a.1), "e-cigarette use" means to inhale or exhale vapour from an e-cigarette or to hold or otherwise have control over an activated e-cigarette.

(3)
Notwithstanding paragraph 4(1)(a), in a workplace that is

(a)
a remote worksite as designated by the regulations;

(b)
an underground mining operation; or

(c)
a marine installation or structure as defined in section 152 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act
(Canada
),

an employer may, in accordance with the regulations, designate one or more enclosed rooms that are under that employer's control as designated smoking rooms or designated e-cigarette use rooms for employees.

(4)
An operator may, in accordance with the regulations, designate one or more enclosed rooms in a facility that are under that operator's control as designated smoking rooms or designated e-cigarette use rooms for residents of that facility.

(5)
An employer or operator and a person acting on behalf of either shall ensure that persons refrain from smoking or using an e-cigarette in a

(a)
workplace referred to in subsection (3); or

(b)
facility referred to in subsection (4),

under that employer’s or operator's control other than in a room designated for that purpose under subsection (3) or (4).

(6)
A room that is normally used or occupied by non-smokers shall not be made a designated smoking room.

(7)
A room that is normally used or occupied by non e-cigarette users shall not be made a designated e-cigarette use room.

6.
(1) Employers, owners and operators shall post and keep posted those signs that may be prescribed under the regulations prohibiting smoking in a workplace, public place or facility referred to in subsection 4(1).

(2)
An employer or operator shall post signs that identify designated smoking rooms and designated e-cigarette use rooms in a facility referred to in subsection 4(2) and a workplace referred to in subsection 5(3).

8.
Where an inspector finds that an operator, employer or owner of a workplace, public place or facility is not complying with a provision of this Act or a regulation made under this Act the inspector may order the operator, employer or owner, or a person whom the inspector believes to be in charge to comply with the provision and may require the order to be carried out immediately or within the period of time that the inspector specifies.

(2)
For the purpose of ensuring compliance with section 6.1, a police officer may require the driver of a motor vehicle to stop.

(3)
The driver of a motor vehicle, when signalled or requested to stop by a police officer, shall immediately come to a safe stop.

(4)
At a trial to determine whether a contravention of section 6.1 has occurred, a court may find evidence that the police officer enforcing the section honestly and reasonably believed a person present in the motor vehicle to be under 16 years of age to be sufficient proof of the person’s age, unless the accused shows on a balance of probabilities that the person was, at the time of the offence, 16 years of age or more.

9.
(1) An employer, a person acting on behalf of an employer or a union shall not take a discriminatory action against an employee by

(a)
dismissing or threatening to dismiss an employee;

(b)
disciplining, suspending or threatening to discipline or suspend an employee;

(c)
imposing a penalty upon an employee; or

(d)
intimidating or coercing an employee,

because the employee has acted in accordance with or has sought the enforcement of this Act.

(2)
Where an action described in paragraphs (1)(a) to (d) occurs against an employee because that employee has acted in accordance with or has sought the enforcement of this Act, that action shall, in the absence of evidence to the contrary, be considered to be a discriminatory action.

(3)
Where an employee alleges that his or her employer has taken a discriminatory action described in paragraphs (1)(a) to (d) against him or her, the employee may,

(a)
where a collective agreement is in force between a union in which the employee is a member and the employer, and the collective agreement provides for the use of a grievance procedure where discrimination is alleged, follow that grievance procedure; or

(b)
apply to the Labour Relations Board for a determination as to whether the action is discriminatory.

(4)
Where an employee alleges that his or her union has taken a discriminatory action described in paragraphs (1)(a) to (d) against him or her, the employee may apply to the Labour Relations Board for a determination as to whether the action is discriminatory.

(5)
Where the Labour Relations Board makes a finding that an action referred to in paragraphs (1)(a) to (d) is discriminatory, it shall order

(a)
the reinstatement of the employee to whom the action was applied under the same terms and conditions under which that employee was formerly employed;

(b)
the employer to pay or make up to the employee his or her lost wages, salary and other benefits;

(c)
that a reference to the dismissal or disciplinary action against the employee on the employer's records be deleted; and

(d)
the reinstatement of the employee to his or her trade union where the employee has been expelled by the union.

(6)
Where an order is made under this section and is filed with the Trial Division that order is enforceable as if it were a judgment or order of that court.

(7)
In this section "Labour Relations Board" means the Labour Relations Board established under the Labour Relations Act
.

12.
(1) A municipality as defined in the Municipalities Act, 1999
and a city established under the City of Corner Brook Act
, City of Mount Pearl Act
or City of St. John’s Act
may make regulations or by-laws respecting smoking in a workplace or a public place that are more restrictive than this Act.

(2)
Where this Act conflicts with another Act or a regulation, or a municipal or city by-law, respecting smoking in a workplace or public place, the provision that is the more restrictive of smoking prevails.